Sprng Vayu Vidyut Private Limited v. Central Transmission Utility Of India Limited & ANR.

$~24 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 7934/2025 & CM APPL. 34899/2025 SPRNG VAYU VIDYUT PRIVATE LIMITED .....Petitioner Through:

Mr. Dayan Krishnan, Sr. Adv. with Mr. Deep Rao, Mr. Arjun Agarwal, Mr. Parth Parikh, Mr. Sukrit Seth, Advocates (M:7703040452) versus CENTRAL TRANSMISSION UTILITY OF INDIA LIMITED & ANR.

.....Respondents Through:

None.

CORAM:

HON'BLE MS. JUSTICE MINI PUSHKARNA

O R D E R

% 29.05.2025 1.

The present writ petition has been filed on the basis of an imminent threat of coercive and precipitative action by respondent no. 1, i.e., Central Transmission Utility of India Limited ("CTUIL"), based on the Revocation Notice dated 15th May, 2025 and Revocation List dated 29th April, 2025, qua the petitioner, who is listed at serial no. 1 in the said list. 2.

Learned Senior Counsel for the petitioner submits that the petitioner has already taken timely steps under the applicable regulatory framework and has submitted formal application to CTUIL seeking conversion of connectivity grants in accordance with Regulation 11A(4) of the Central Electricity Regulatory Commission (Connectivity and General Network Access to the Inter-State Transmission System) Regulations, 2022. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

3.

It is further submitted that the petitioner has also filed a petition before Central Electricity Regulatory Commission ("CERC") on 26th May, 2025, thereby, seeking protection of its rights and interests with regard thereto. However, it is submitted that the petitioner has been informed that CERC Legal Member is unavailable for the time being. Consequently, the CERC is not legally empowered to list, hear, or pass orders in such adjudicatory/miscellaneous petitions during the period, when the Legal Member is not available and the quorum is not complete. Thus, it is submitted that in view of the procedural impasse, the present petition has been filed.

4.

Attention of this Court has been drawn to the order dated 03rd February, 2025, passed by this Court in W.P.(C) 1368/2025, titled as Avaada Energy Private Limited & Anr. Versus Central Transmission Utility of India Limited & Anr., where, in similar circumstances, the order came to be passed in the following terms:

"xxx xxx xxx

3. This writ petition is preferred on behalf of the Petitioners under Article 226 of the Constitution of India for a limited direction to Central Transmission Utility of India Limited ('CTUIL') to not take any coercive measures/precipitative steps in furtherance of the communication dated 29.01.2025, which has been challenged by the Petitioners before Central Electricity Regulatory Commission ('CERC') in a Connectivity Petition bearing Diary No. 70/2025. The reason for approaching this Court, as averred in the writ petition, is that as per the advance hearing schedule for February, 2025, CERC is not holding Court any time before 06.02.2025 and Petitioners have a genuine apprehension that coercive action may be taken by Respondent No. 1 post the issuance of communication dated 29.01.2025.

xxx xxx xxx

8. Petitioners have approached this Court since the Statutory Adjudicatory Forum i.e. CERC is not scheduled to hold Court anytime The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

before 06.02.2025 and therefore, the Connectivity Petition filed by the Petitioners challenging the impugned communication dated 29.01.2025 will not be heard before the said date. Petitioners apprehend that in furtherance of the impugned communication, CTUIL may take coercive action in the form of revocation of connectivity and encashment of BGs, which will cause grave prejudice and irreparable harm to the Petitioners.

9. Having heard learned Senior Counsel for the Petitioners, I am of the view, that Petitioners cannot be left remediless. It is, therefore, directed that till the Connectivity Petition filed by the Petitioners laying a challenge to communication dated 29.01.2025 is taken up for first hearing by CERC, no coercive steps will be taken by CTUIL in the form of revoking the connectivity and encashing the BGs furnished, which Mr. Dayan Krishnan, learned Senior Counsel submits are not expiring before the end of this year and will be kept alive.

xxx xxx xxx"

(Emphasis Supplied) 5.

By referring to the aforesaid order, learned Senior Counsel for the petitioner submits that the petitioner seeks similar limited protection till the petition of the petitioners, is not heard by the CERC. 6.

None appears for the respondents when the matter is called out. 7.

Learned Senior Counsel for the petitioner draws the attention of this Court to the proof of service, to submit that the present petition has been served on the authenticated Email of the respondents. 8.

Considering the submissions made before this Court, whereby, the petitioner is seeking only a limited relief from this Court, it is directed that the respondent no.

1/CTUIL shall not take any coercive measures/precipitative steps in furtherance of the Revocation Notice dated 15th May, 2025 and Revocation List dated 29th April, 2025, i.e., qua the petitioner, till the petition filed on behalf of the petitioner before the CERC, is taken up for hearing.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

9.

With the aforesaid directions, the present petition is disposed of. 10.

Order Dasti under signatures of the Court Master. MINI PUSHKARNA, J.

MAY 29, 2025/au The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.